CORAM
TABAL
PARTIES
GOVERNOR OF OYO STATE & ORS
APPELLANTS
EX PARTE YISAU ELETA
RESPONDENTS
AREA(S) OF LAW
CHIEFTAINCY DECLARATION – WRIT OF CERTIORARY – NATURAL JUSTICE
SUMMARY OF FACTS
the claim of the Applicant was that the amendment to the 1959 Chieftaincy Declaration made by the 1st Respondent – the Governor of Oyo State – was made in bad faith, an abuse of power and illegal.
HELD
That the 1st Respondent had not been fair in the steps taken to amend the 1959 Declaration.
ISSUES
Whether the Court of Appeal was right in its interpretation of section 10 of the Chiefs Law Cap.21 of the Laws of Oyo State.
RATIONES DECIDENDI
MEANING OF ‘AUDI ALTERAM PARTEM’.
Audi Alteram Partem means please hear the other side, not that the other side had been heard once and need not again be heard. Per Kayode Eso J.S.C
CASES CITED
David Dada v. Chairman, Ifelodun Local Government Chieftaincy Committee & 5 Others F.C.A./I/l15/82|R. v. Governor-in- council, Ex parte Adebo (1962) 2 All N.L.R. 195.
STATUTES REFERRED TO
Chiefs Law Cap. 19 of Western Region.|Administration of Justice State Proceedings Law 1960.|